Pursuant
to a notice posted in accordance with Senate Rule 11.10 and 11.18, a public
hearing of the Senate Committee on Natural Resources was held on Thursday, May
16, 2013, in the Capitol Extension, Room E1.012, at Austin, Texas.

*****

MEMBERS
PRESENT:

MEMBERS
ABSENT:

Senator
Troy Fraser, Chair

Senator
Glenn Hegar

Senator
Craig Estes, Vice Chair

Senator
Bob Deuell

Senator
Robert Duncan

Senator
Rodney Ellis

Senator
Kevin Eltife

Senator
Juan Hinojosa

Senator
Robert Nichols

Senator
Kel Seliger

Senator
Carlos Uresti

*****

The
chair called the meeting to order at 9:07 AM. The following business was
transacted:

The
chair laid out HB 738 and recognized the Senate sponsor, Senator Nelson, to
explain the bill.

Witnesses
testifying and registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without objection, it was so
ordered. Senator Fraser moved that HB 738 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum, Senator Estes
moved that HB 738 be reported favorably to the Senate with the recommendation
that it do pass and be printed. The motion carried with a record vote of 8
ayes, 0 nays, 0 present not voting, and 3 absent. Senator Estes moved that the
bill be recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.

The
chair laid out HB 3903 and recognized the Senate sponsor, Senator Campbell, to
explain the bill. Witnesses registering on the bill are shown on the attached
list. The chair moved that the public testimony be closed; without objection,
it was so ordered. Senator Fraser moved that HB 3903 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator
Estes moved that HB 3903 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion carried with a record
vote of 7 ayes, 0 nays, 0 present not voting, and 4 absent. Senator Estes moved
that the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.

The
chair laid out HB 3924 and recognized the Senate sponsor, Senator Campbell, to
explain the bill. There were no witnesses registered on the bill. The chair
moved that the public testimony be closed; without objection, it was so
ordered. Senator Fraser moved that HB 3924 be left pending; without objection,
it was so ordered.

The
chair laid out HB 3941 and recognized the Senate sponsor, Senator Campbell, to
explain the bill. Witnesses registering on the bill are shown on the attached
list. The chair moved that the public testimony be closed; without objection,
it was so ordered. Senator Fraser moved that HB 3941 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator
Estes moved that HB 3941 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion carried with a record
vote of 8 ayes, 0 nays, 0 present not voting, and 3 absent.

Senator
Uresti assumed the chair.

The
chair laid out HB 1461 and recognized the Senate sponsor, Senator Fraser, to
explain the bill. Witnesses registering on the bill are shown on the attached
list. The chair moved that the public testimony be closed; without objection,
it was so ordered. Senator Uresti moved that HB 1461 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator
Fraser moved that HB 1461 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion carried with a record
vote of 7 ayes, 1 nay, 0 present not voting, and 3 absent.

Senator
Fraser resumed the chair.

The
chair laid out HB 2590 and recognized Senator Nichols, in the absence of the
Senate sponsor, to explain the bill. Senator Nichols sent up a committee
substitute; the chair recognized Senator Nichols to explain the difference
between the committee substitute and the house bill as engrossed.† Witnesses
registering on the bill are shown on the attached list. The chair moved that
the public testimony be closed; without objection, it was so ordered.† Senator
Fraser moved that HB 2590 be left pending to await a quorum; without objection,
it was so ordered. Upon arrival of a quorum, Senator Eltife moved adoption of
the committee substitute; without objection, it was so ordered. Senator Eltife
moved that HB 2590 do not pass but that CSHB 2590 be reported back to the
Senate with the recommendation that it do pass and be printed. The motion
carried with a record vote of 8 ayes, 0 nays, 0 present not voting, and 3
absent. Senator Eltife moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so ordered.

The
chair laid out HB 2133 and recognized the Senate sponsor, Senator Uresti, to
explain the bill. Senator Uresti sent up a committee substitute; the chair
recognized Senator Uresti to explain the difference between the committee
substitute and the house bill as engrossed. Senator Fraser sent up Committee
Amendment 1 and explained the amendment. Witnesses registering on the bill are
shown on the attached list. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator Fraser moved that HB 2133
be left pending to await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Uresti requested unanimous consent to incorporate
the amendment into a committee substitute; without objection, it was so
ordered. Senator Uresti then moved that the committee substitute be adopted; without
objection, it was so ordered. Senator Uresti moved that HB 2133 do not pass but
that CSHB 2133 be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a record vote of 8 ayes, 0
nays, 0 present not voting, and 3 absent. Senator Uresti moved that the bill be
recommended for placement on the Local & Uncontested Calendar; without
objection, it was so ordered.

Senator
Uresti assumed the chair.

The
chair laid out HB 3898 and recognized the Senate sponsor, Senator Fraser, to
explain the bill. Witnesses registering on the bill are shown on the attached
list. The chair moved that the public testimony be closed; without objection,
it was so ordered. Senator Uresti moved that HB 3898 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator
Estes assumed the chair. Senator Fraser moved that HB 3898 be reported
favorably to the Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 8 ayes, 0 nays, 0 present not voting,
and 3 absent. Senator Fraser moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was so ordered.

Senator
Fraser resumed the chair.

The
chair laid out HB 2859 and recognized Senator Nichols, in the absence of the
Senate sponsor, to explain the bill. Senator Nichols sent up a committee
substitute; the chair recognized Senator Nichols to explain the difference
between the committee substitute and the house bill as engrossed. Witnesses
testifying and registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without objection, it was so
ordered. Senator Fraser moved that HB 2859 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum, Senator Estes
moved adoption of the committee substitute; without objection, it was so
ordered. Senator Estes moved that HB 2859 do not pass but that CSHB 2859 be
reported back to the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 8 ayes, 0 nays, 0 present not
voting, and 3 absent. Senator Estes moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without objection, it was so
ordered.

The
chair laid out HB 2152 and recognized Senator Uresti, in the absence of the
Senate sponsor, to explain the bill. Witnesses testifying and registering on
the bill are shown on the attached list.

The
chair moved that the public testimony be closed; without objection, it was so
ordered. Senator Fraser moved that HB 2152 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum, Senator Uresti
moved that HB 2152 be reported favorably to the Senate with the recommendation
that it do pass and be printed. The motion carried with a record vote of 8
ayes, 0 nays, 0 present not voting, and 3 absent. Senator Uresti moved that the
bill be recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.

The
chair laid out HB 824 and recognized Senator Nichols, in the absence of the
Senate sponsor, to explain the bill. Senator Nichols sent up a committee
substitute; the chair recognized Senator Nichols to explain the difference
between the committee substitute and the house bill as engrossed. Witnesses
testifying and registering on the bill are shown on the attached list.

The
chair moved that the public testimony be closed; without objection, it was so
ordered.

Senator
Fraser moved committee substitute be left pending; without objection, it was so
ordered.

The
chair laid out HCR 59 and recognized the Senate sponsor, Senator Lucio, Jr., to
explain the bill. Witnesses registering on the bill are shown on the attached
list. The chair moved that the public testimony be closed; without objection,
it was so ordered. Senator Fraser moved that HCR 59 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator
Uresti moved that HCR 59 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion carried with a record
vote of 8 ayes, 0 nays, 0 present not voting, and 3 absent.

The
chair laid out HB 3459 and recognized the Senate sponsor, Senator Taylor, to
explain the bill. Senator Uresti sent up a committee substitute; the chair
recognized Senator Taylor to explain the difference between the committee
substitute and the house bill as engrossed.

Senator
Fraser moved to limit testimony to 3 minutes; without objection, it was so
ordered.

Witnesses
testifying and registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without objection, it was so
ordered. Senator Fraser moved that HB 3459 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum, Senator Uresti
moved adoption of the committee substitute; without objection, it was so ordered.
Senator Uresti moved that HB 3459 do not pass but that CSHB 3459 be reported
back to the Senate with the recommendation that it do pass and be printed. The
motion carried with a record vote of 7 ayes, 1 nay, 0 present not voting, and 3
absent.

The
chair laid out HB 2767 and recognized Senator Seliger, in the absence of the
Senate sponsor, to explain the bill. Witnesses testifying and registering on
the bill are shown on the attached list.

The
chair moved that the public testimony be closed; without objection, it was so
ordered. Senator Fraser moved that HB 2767 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum, Senator Estes
moved that HB 2767 be reported favorably to the Senate with the recommendation that
it do pass and be printed. The motion carried with a record vote of 8 ayes, 0
nays, 0 present not voting, and 3 absent. Senator Estes moved that the bill be
recommended for placement on the Local & Uncontested Calendar; without
objection, it was so ordered.

The
chair laid out HB 3934 and recognized Senator Seliger, in the absence of the
Senate sponsor, to explain the bill. Witnesses registering on the bill are
shown on the attached list. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator Fraser moved that HB 3934
be left pending to await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Seliger moved that HB 3934 be reported favorably
to the Senate with the recommendation that it do pass and be printed. The
motion carried with a record vote of 8 ayes, 0 nays, 0 present not voting, and
3 absent. Senator Seliger moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so ordered.

Senator
Seliger assumed the chair.

The
chair laid out HB 2532 and recognized the Senate sponsor, Senator Fraser, to
explain the bill. Senator Fraser sent up a committee substitute; the chair
recognized Senator Fraser to explain the difference between the committee
substitute and the house bill as engrossed. Witnesses testifying and
registering on the bill are shown on the attached list. The chair moved that
the public testimony be closed; without objection, it was so ordered. Senator
Fraser moved that HB 2532 be left pending to await a quorum; without objection,
it was so ordered. Upon arrival of a quorum, Senator Estes assumed the chair.
Senator Fraser moved adoption of the committee substitute; without objection,
it was so ordered. Senator Fraser moved that HB 2532 do not pass but that CSHB
2532 be reported back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a record vote of 8 ayes, 0 nays, 0 present
not voting, and 3 absent.

At
10:28 AM Senator Fraser moved that the Committee stand in recess. Without
objection, it was so ordered.

At
10:31 AM Senator Fraser reconvened the meeting.† The roll was called. A quorum
was present.

The
chair laid out as a matter of pending business HB 852 and explained the bill.†
Senator Uresti moved that HB 852 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion carried with a record
vote of 7 ayes, 1 nay, 0 present not voting, and 3 absent.†

There
being no further business, at 11:00 AM Senator Fraser moved that the Committee
stand recessed subject to the call of the chair. Without objection, it was so
ordered.

Upon
a motion by Senator Fraser, to suspend Senate Rules 11.10 and 11.18, the Senate
Committee on Natural Resources reconvened at 1:05 PM at Senator Fraserís Desk
to hear
HB 2781 and HB 3509.

At
1:05 PM Senator Fraser reconvened the meeting.

The
roll was called a quorum was present.

The
chair laid out HB 2781 and recognized the Senate sponsor, Senator Campbell, to
explain the bill. Witnesses testifying and registering on the bill are shown on
the attached list. The chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Uresti moved that HB 2781 be reported
favorably to the Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 8 ayes, 0 nays, 0 present not voting,
and 3 absent. Senator Uresti moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was so ordered.

The
chair laid out HB 3509 and recognized the Senate sponsor, Senator Seliger, to
explain the bill. Senator Seliger sent up a committee substitute; the chair
recognized Senator Seliger to explain the difference between the committee
substitute and the house bill as engrossed. Witnesses testifying and
registering on the bill are shown on the attached list. The chair moved that
the public testimony be closed; without objection, it was so ordered. Senator
Seliger moved adoption of the committee substitute; without objection, it was
so ordered. Senator Seliger moved that HB 3509 do not pass but that CSHB 3509
be reported back to the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 8 ayes, 0 nays, 0 present not
voting, and 3 absent.

The
Chairman read a Motions in Writing requesting unanimous consent to be shown
voting nay on the following: Senator Nichols on HB 1461. This vote is reflected
in the final vote on the aforementioned bill.

There
being no further business, at 1:19 PM Senator Fraser moved that the Committee
stand recessed subject to the call of the chair. Without objection, it was so
ordered.